Visitor Question

Truck Driver At Fault in Highway Accident…

Submitted By: Crystal (Vincennes, IN)

A dump truck pulled out in front of me on the highway. I slammed on my brakes but still ended up hitting the dump truck. The police officer on the scene said it was the dump truck driver’s fault because he failed to yield to oncoming traffic.

My right shoulder is in severe pain and I can hardly move it. The problem is that I have no health insurance and am finding it very difficult to get anyone to take a look and treat my shoulder. What can I do to get the medical help I need for my shoulder? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Crystal,

Hopefully you secured the dump truck driver’s:

1. Identification information, including his name, address and telephone number

2. His employer’s name, address and telephone number.

3. His vehicle liability insurance company’s name, address, telephone number, and policy number.

4. A copy of the police report (among the information contained in it should be the police officer’s notation of the truck driver’s fault).

With this information in hand do the following:

A. Call his employer and speak with his supervisor or other person with authority. Explain what happened. By now the truck driver should have already notified his employer of the collision. Tell the employer you don’t have insurance (it’s really none of his business why). Explain you are injured and require immediate medical care.

Ask the supervisor to contact his insurance company to arrange immediate payment to you for the cost of a medical consultation with a physician of your choice, or to otherwise contact another physician to arrange payment for your immediate and future visits.

B. Contact the dump truck driver’s insurance company directly. You have an absolute right to do so. Explain to the insurance company how you were injured and require immediate medical care. The insurance company will tell you they will need some time to contact their insured (the truck driver and his employer) to confirm the collision and fault of the driver.

Because you told the insurance company you require immediate medical attention they should get back to you within a day or so, and when doing so should have arranged for you to see a physician without having to pay.

—-

If the dump truck driver is self employed follow the same procedure. Because he is self-employed the process should move along faster.

Regrettably, if all the above attempts become futile you may have to consider contacting a personal injury attorney. Most will not charge any fee for an initial office consultation.

If a personal injury accepts your case you won’t have to pay any money until and unless the attorney prevails in obtaining a settlement or a jury verdict. Then you will only have to pay 33.3% – 40% of the settlement amount as attorney’s fees.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 1, 2012

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